Draft and Proposed Rules - Public Swimming Pools and Spas

Proposed Public Pools and Spas Rules Available for Stakeholder Comment

Tentative Pools and Spas Rules Timeline

Date Activity
January 19, 2024   Proposed Rules Published in the Texas Register - 30-day Formal Public Comment Period Begins
February 19, 2024  30-day Formal Public Comment Period End
May 17, 2024    Adopted Rules Published in Texas Register
May 22, 2024    Earliest Rules Effective Date

Pools and Spas Proposed Rules for Review

Texas Register – January 19, 2024, Issue

Formal Comment Submission for the Proposed Public Swimming Pools and Spas Rules

The Texas Department of State Health Services (DSHS) is accepting formal comments from stakeholders on the proposed Public Swimming Pools and Spas rules through February 19, 2024. DSHS will consider each comment received during the formal comment period and will provide a summary of the comments and DSHS responses in the adoption preamble published in the Texas Register. DSHS is unable to provide an individual response to each commenter.

To facilitate DSHS review, use the following template to submit comments.

Template – Formal Comment Submission Table

Comments may be emailed to: EHGRulesCoordinator@dshs.texas.gov.

Please include the following items for each comment submitted.

  • The specific citation and page number for the referenced proposed rule section.
  • Recommended alternative language.
  • A description of how your recommendation will affect public health and the regulated community.

DSHS proposes an amendment to TAC, Title 25, Part 1, Chapter 265, Public Swimming Pools and Spas, §265.190, concerning Safety Features for Pools and Spas.

The proposal is necessary to revise the requirement for pool and spa signs in 25 Texas Administrative Code (TAC) §265.190. The changes to the rule clarify that prohibiting persons under the age of 14 years from being in a pool or spa without adult supervision applies only to pools and spas where no lifeguard is required or provided. The proposal revises 25 TAC §265.190(j) to clarify lighting requirements for a pool or spa operating at night. The proposal also includes editorial changes to provide clearer language.

The changes are needed because previous amendments to 25 TAC Chapter 265, Subchapter L, effective January 2021, inadvertently left out the key phrase, "where no lifeguard is required or provided" from signage requirements on signs stating that persons under the age of 14 may not be in the pool or spa without adult supervision. Recent repeal and adoption of new 25 TAC Chapter 265, Subchapter L, effective January 2023, to comply with H.B. 2205, 87th Legislature, Regular Session, 2021, also failed to include the key phrase.

This amendment adds the key phrase, "where no lifeguard is required or provided" to clarify the requirement for signs reading: "Persons under the age of 14 must not be in the pool without adult supervision" and "Persons under the age of 14 must not be in the spa without adult supervision." The figure at 25 TAC §265.190(h)(4) is removed. The signage requirement is found in figures 25 TAC §265.190(f)(5) and new §265.190(h)(1). Edits to rule text in 25 TAC §265.190(f)(5) and §265.190(h)(4) delete the term "subchapter" and replace it with "section" to specify the date for compliance with the signage requirements is the effective date of the section and not the subchapter.

You may provide comments to DSHS by mail or email.

Mailing address:
Attn: Environmental Operations Rules Coordinator
Public Swimming Pools & Spas Program, MC 2835
Environmental Operations Branch
Texas Department of State Health Services

P.O. Box 149347
Austin, TX 78714-9347

Email address: EHGRulesCoordinator@dshs.texas.gov

Please write “Formal Comments for Pools and Spas” in the subject line